>> my gosh, a huge honor, a lot of fun, shepard smith is reporting live. shep, you went to ole miss and i wore red for you today. >> everybody e everyone in rebel nation appreciates it. now if we can just win out. look out, arkansas. >> the news begins anew. have you heard? red bull is being sued now? millions and millions and millions of dollars from a family that says, your product killed our relative. how? we'll have the details on that. let's get to it. good afternoon from the news deck on a monday. a worker's attempts to cut corners may be what turned a packed ride at the far into a deadly weapon. one that launched riders into the sky and threw them to the ground. that's according to prosecutors in raleigh, north carolina, who

today accused this ride operator of tampering with safety equipment. the equipment that its meant to keep things like this from happening in the first place. the worker was in court in the last hour, facing three counts of assault with a deadly weapon. five people were hurt in the incident at the north carolina state fair in raleigh. three are still in the hospital, including a 14-year-old girl. witnesses say fair goers had just finished riding this thing, known as the vortex. it's quite a ride, they tell us. the spin -- it spins people and flips and turns and the rest. but before everybody could get off the ride, it jolted back into action with no safety harness in place at all. according to people who were there at the time, it true riders into the air and then dropped them from as high as 30 feet up. we'll talk to one of the eye witnesses in a moment. first, let's get to our southeast newsroom. we're hearing more about what it was like on the ride. >> reporter: investigators have

released roddings of the 9-1-1 calls that came in thursday night, the time this accident occurred. these calls coming in from witnesses at the north carolina state fair. here's a sampling. listen. >> we're at the state fair and the ride turned upside-down and dumped everybody out. there are people bleeding really bad, like their heads and stuff. >> some people estimate it was as high as 30 feet. so imagine you're on this thrill ride. it stops spinning. everybody is out of their restraints restraints and they're starting to get off the ride. all of a sudden it starts again before everyone is off. that's what happened. >> now, the first reports i read about this over the weekend, indicated that this guy might have wanted somebody to get hurt. that's not what we're talking about here, is it? >> reporter: that's not what we're talking about at this point. although this is a criminal investigation. you talked to this guy's lawyer.

he is not commenting on the case itself, but in general, says that his defendant, 46-year-old timothy duane tut tutor row is devastated and that is in keeping with what a witness at the scene said, who was apparently on the ride, said that after hearing a crashing sound, he turned around, he saw injured people on the ground and he saw the ride operator fall to his knees and start crying. so the investigation appears to be looking into allegations of tampering, perhaps to bypass safety mechanisms rather than a deliberate attempt to cause injury. here's the sheriff. >> we have determined that this ride was tampered with after the inspection. and that critical safety devices were tampered with and compromised. >> reporter: but regardless of the intent, authorities say that

the alleged tampering turned this ride into a potentially deadly weapon, and so this is being handled as a criminal investigation. >> do we know anything about the ride operator's past? >> reporter: yes. he has had some problems in the past, according to a court record search by the "associated press." back in 2002, he was arrested in georgia on a felony charge of possession of cocaine with intent to distribute. he was sentenced to four years of probation under a program for first-time offenders, according to records, searched by the "associated press." he was also arrested in 1997 in kentucky on a charge of possessing cocaine. details, however, on how that charge was resolved are unclear. this according to the "associated press." >> jonathan, thanks. let's get to raleigh and talk to a man who was at the fair and

watched it happen. joe gilly is with is. what did you see? >> shep, was there right beside my friend. they were on the ride right next to the vortex, and i was waiting for them to get off. that's when -- we heard the screaming, and you don't think anything of it because you're at the fair, but when i heard people hit -- a raised metal floor, and something hit and made a loud noise, and i saw people laying there not moving and knew something was wrong. >> was there panic? was this guy who runs the ride -- was he there? >> there was panic. by the time i looked over there i saw people -- because the ride, as soon as they were able to get it stop, hit the kill switch, -- the ride was still moving and people were trying to get off the ride at that point were running and screaming and trying to get away. they didn't know what would happen next. so people -- it was chaotic for a minute while people tried to get away, and the emergency responders had to deal with the people just running away from the ride, trying to get away.

>> it's my understanding, joel, that this thing was moving and then it stopped so that people can get off, and then started again all of a sudden. is that your understanding? >> i'd been watching the ride and looked back to the ride i was beside, and that's when i thought that ride was coming to an end, and then heard the loud bangs and then saw he people running and saw the people laying there. >> i'm gonzalesing -- i'm guessing ambulances came. did they shut the area down? >> i worked with a firefighter, and he was out there within a minute, and he was the first one on the scene and was able to give medical attention to those who needed it. by that time the sheriffs showed up and beaked away up and closed the lower section of the midway down. >> so everything was shut down so they can do with this. >> they had to bring glasses so they backed everyone up so they could get ambulances into the area. >> you didn't talk to any of those who were injured.

>> i did not. i was not that close my first reaction was let's get these people some help, so i was on the phone with him, trying to get him there, so he could respond did not speak to anyone injured. >> joel gilly saw it happen. thanks for this. >> thank you. >> engineers have now -- well, they fixed a key part of the obama administration's healthcare web site that crashed over the weekend, according to the department of health and human services. coming after a spokeswoman says that an important data hub for verifying personal information failed last night and blocked people from accessing the site. folks ran into an error message, explaining the system was down. that spokeswoman blamed verizon. verizon operates the data center. this but the late nest a series of minimum glitches for the web site. lawmakers have been hammering the administration and the health and human services secretary kathleen sebelius is set to testify before congress the day after tomorrow. ed henry is our main man at the

white house and is live now. any response from the white house today? >> reporter: it's interesting. jay carney walked out and near the top of this daily briefing say all this has been fixed, verizon had it up and running by 7:00 a.m. this morning. but while the briefing was going on, i was checking social media, and various people were insisting that jay carney was wrong, that in fact they were trying to log on, to some of the exchanges and could not get on and were getting the error message you just showed, system not working. so i asked jay carney, what was true and what was not. take a listen. >> how can you say at 7:00 a.m. this morning it was back up and running? how can people be confident -- >> obviously i'm not online right now, ed, or people who are e-mailing you, but what verizon at the aremark announced they successfully resolved the issue with the network component overnight, and taz of 7:00 a.m., the data services hub was fully operational. i'm sure the people who are

working -- well, i didn't say that. i said i'm sure the people who are working on the issue are addressing the kind of questions you just raised if that's the case. >> reporter: one of many questions lawmakers w will have. secretary sebelius will testify about this on wednesday behalf house committee, also interesting that on wednesday, the same day, the president will be the boston, speaking at the hall, and speak about what critics call romney-care, an interesting way for the administration to push back, highlighting former governor mitt romney's health care plan which they say the modeled it on. >> it's lime christmas. the gifts keep coming. >> republicans are trying to say that even if the administration, as they now promise, can get the webs up and rung by the end of november, republicans say fixing the web site is just the tip of the iceberg. take a listen.

>> the incompetence in building this web site is staggering. when i am talking to healthcare professionals and con state students, how can you expect the government to handle a sixth of the economy when there's this type of staggering incompetence on a web site rollout. >> that is one reason why secretary sebelius will be on he hot seat on saturday. she was a star of "saturday night live." a character was playing secretary sebelius, mocking the situation, and when you lose "saturday night live," that can put pressure on the white house. >> ed henry, thanks. jail break in oklahoma. inmates on the run they're apparently escaped through the shower. and just within the last hour, word of major developments in the manhunt. that's coming up on this monday. shepard smith reporting from the fox news deck. but there are no? 24/7. i'm sorry, i'm just really reluctant to try new things.

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we have some break news coming in. a federal judge just declared the texas abortion restrictions unconstitutional. the enforcement of those abortion restrictions are now blocked, and this will go to the fifth circuit court of appeal for another decision. this law got so much media coverage over the summer. part of it was to go into effect this week. lots of opponents and they were asking the judge delay the enforcement of the rule requiring clinic doctors to

perform abortions at local hospitals, falling guidelines for pill undiced medical abortion, and the texas attorney general argues the law protects women and the life of the fetus. the attorney general is expected to file an emergency appeal. a texas legislator did a filibuster for 13 hours on this matter, highly controversial. it's not going into effect. that's the breaking news now. the fifth circuit court of appeals will be asked to look at it. whether they will or not, we'll let you know. officials in oklahoma confirmed they captured two jail inmates after a group made a daring escape through a shower ceiling. who inmates are missing after they apparently opened some sort of hatch in this jail shower yesterday. why there's a hatch in the jail shower is beyond us. but the sheriff says the men then called through the ceiling ducts to freedom. the suspects, these guys, have been locked up on charges that

were not related to each other but all weapons and burglary charges and trace gallagher is following this. they found these first two guys. where were they? >> reporter: about 18 miles east of the jail. the concern was all four of these guys had local ties and police were worry evidence they might have help on the outside. but it turns out the first two guys who were recaptured didn't have any help because they were dirty and very wet when confronted by authorities they tried to run away but were apprehended very shortly thereafter. normally escapees split up when they're free. at least two of them stayed together. the other two are believed to be somewhere in that area. not clear where. still got a lot of the roads in the surrounding towns blocked off. they're said to be armed and dangerous. the truth is police do not know if they're armed or if they're dangerous. two back in, two still on the run. >> at first glance, all you can think is, who in the world would put a hatch in a jail shower,

but there's got to be more to this than that. >> reporter: it's amazing. this is a brand new jail. only two years old. what happened was there war probably 200 minimum mates mated three guards. these guys were able to go to the shower fully clothe net their jump suits, and what you're talking about is a great, a vent in the shower. they bloke the lock, undyed the screws, crawled into the plumbing and made their way into the crawlspaces. they knocked out a couple of cement blocks and dropped down into building that is no part of the jail at all, and when they got inside there, they were simply able to walk out the front door. now, keep in mind, even the authorities didn't know they were gone at that point in time. it wasn't until somebody actually called and said there's four guys walking around outside the jail in orange jumpsuits. they did a bed check and noticed they were gone. the escapees ditched the jumpsuits and were seen about an hour after that at a car wash and as we said, two now

re-arrested. two of them remain on the loose. the sheriff is now relooking at security in the building. >> makes sense. trace, thanks a lot. ever drink red bull? coming up, meet the family who says red bull killed their relative. and now, a first of its kind lawsuit, against red bull. millions and millions of dollars. will this story keep you from drinking it next time? stay tuned. of providing a free world-class education for anyone, anywhere. if you look at a khan academy video, they cover everything from basic arithmetic to calculus, trigonometry, finance. you can really just get what you need at your own pace. and so, bank of america came and reached out to us and said, "we are really interested in making sure that everyone really understands personal finance." we're like, "well, we're already doing that." and so it was kind of a perfect match.

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20 minutes past the hour and time for the daily slide show. a deadly storm with hurricane force winds slamming several european nations. at least 13 people reported dead. officials say the storm knocked out power to hundreds of thousands of homes and this is

the worst storm of its time to hit great britain in a decade. here's pictures, waves crashing over the sea wall in southern england, and this one here as well. and then slide number three here, among those reported dead is a 17-year-old girl, and see this right here? that's her bed. apparently she died there. this is 35 miles south of london. going on, what's left of a house after a gas explosion just outside london. the whole thing went up. three people hospitalized. investigators say a falling tree set off the blast. it moved on to amsterdam. you can see the candles -- see the canals and bicyclists were warned about the high winds and in germany, high seas, a pilot boat finding the wind and waves. it's been an awful storm? europe and continues even now. the family of a man who died after downing a red bull drink is suing the drinkmaker over his

death. what do they want? $85 million. it's a wrongful death suit. first of its kind as far as we can tell, against red bull. according to this man's family, he was playing a game of basketball a couple of years ago, drank a can of red bull, then had a heart attack. family members claim he was in very good health and the energy drink itself caused the heart attack. red bull reports one can contains the same amount of caffeine as a cup of coffee. the family's lawyer says there's more there extra system hunts and those stimulants are more dangerous than anything the company advertises as being in the drink. a red bull spokeswoman says the company cannot comment on any specific case, but in a statement it claims, and i quote, red bull energy drink is available in more than 165 countries. because health officials or health authorities, i should say, across the world have concluded that red bull energy

drink is safe to consume. here to break down the case is attorney, lisa. nice to see you. red bull killed a guy. >> a tough claim. especially in new york. a wrongful death claim here is very difficult to recover, but in the last couple of years we're seeing a lot more of these claims. maybe not specific live against red bull, but the monster energy drink is now under fda investigation, or they're looking into it. so we're seeing more and more. >> the claims they're extra stimulants in there, things not on the can or the label? >> they're on the can but it's -- unbeknownst to me and you what they are. >> they're very long words there. >> yes. and there are actually guidelines that do rate these things. in fact that is one of the ingredients in red bull that in the eu they say you can't have more than a thousand milligrams. there's 600-milligrams in a can

of red bull. so they're seeing this is creating problems. in the past year five cases since 2011 have the fda looking into it. look at mental substance abuse, the er rates have doubled in the past year, and lat of these cases doubled with energy drinks admission. so it is a problem. >> the man's mother, he leaves behind -- the facts are sad. leaves behind a 13-year-old child with healthy, active, a nonsmoker, and publish cut 'omake the claim that red bull itself caused the heart attack, a lot of people drink red bull. and there haven't been a lot of heart attacks. >> a line of defense. we don't know the cause. i haven't seen sheathe complaint. but this man did drink red ball and then suffered a heart attack. monster soft drinks had these claims against and it a lot of people are suffering from heart

failure after inducing such drinks. who is it for you and i to say, are these -- are ingesting these drinks contract indicative of your personal health system, but they could be. they could be. and surely maybe there should be a warning. >> maybe something will come to light from the lawsuit. thank you very much. while we were speaking, some breaking news coming through here on he fox news deck and it is awful. local sheriff's department is no confirm can human remains have been found in a water treatment facility. the location is bassett, california, and we're getting live pictures in from fox 11 news. ktgg, the local fox station we own. about 20 miles west of l.a. proper. homicide detectives are on the way. you can see authorities there. we don't know details. we do know a local sheriff says somehow, somebody's remains inned up in the water treatment facility. was this person killed and

dumped in there? was this person hanging out in this area, fell in there to his or her death? we don't have any of those details yet. homicide investigators are just raving at the water treatment facility. i'd permanently be interested to know whether this is water waiting to be treated or water that has been treated and is going out for consumption, because that could change some equations here. we'll get those answer, just too soon to have them. this is a water treatment facility where they have found remains of a human being inside. again, we'll update. >> twitter is getting set for its big initial public offering, or ipo, and this weekend, move to prevent the kinds of problems that facebook understand its ipo. how can small investors get a piece of this action, or can we? we'll ask that question coming right up. ♪ [ alarm sound for malfunctioning printer ]

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>> more today's headlines from the fox news deck. inspectors in syria say they missed a key deadline in their efforts to find and destroy chemical weapons. security concerns prevented them from reaching two chemical weapons facilities. they visited 21 sites so far, but reaching the final two may require a cease fire between opposite sides of the civil war. classes are back in session at the middle school in sparks, nevada, the first time studentses returned to the building since last month when police say a 12-year-old boy brought a gun to school and opened fire. killed a teacher, hurt two classmates and killed himself. a man in texas says he got the message of lightning struck him not objects but -- not once but twice this weekend at an off road competition. he says he'll start going to church more often.

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the u.s. may need to put more limits on tower country's spy programs. you income that's the word from the white house today following a bashlash over reports the national security agency has tracked phone calls of dozens of world leaders. >> we recognize there need to be additional constraints how we gather and use intelligence. and it's in the context of this dynamic technology environment that the president has directed us to review our surveillance capabilities. >> one report from a german tabloid indicated that president obama knew that the nsa was tapping the phone of the german chance explore he allowed it to continue, again, german tabloid, a spokeswoman for the agency says that is simply not true. and "the wall street journal" reports the nsa stop monitoring chancellor merkel and other leaders after a white house review uncovered the operations. "the wall street journal" again. meanwhile, a state department

spokeswoman says our ambassador to spain met with officials there to discuss reports that the nsa tracked more than 60 million phone calls in that country in one month. dana perino was the press secretary under george w. bush, the 43rd, president bush, 43, and this was happening under bush 43rd. >> i suppose. i don't get the outrage. i don't. i can mott believe the white house said we're going to have to curtail our operations, our intelligence, because they were embarrassed over a report. there's a reason they call it top secret. it is top secret, and i bet you any of these countries that are in any of this news stores are trying to do the sir same thing to the united states of america. i don't think we should cut off our options. >> that we monitored the phone calls of world leaders is okay. >> fine with me. i fine it very imapplause able -- >> who do we think we are

monitoring the phone calls -- what if germany were -- >> you think they're not trying? >> i don't know if they're trying. >> you think the chinese aren't trying? absolutely. >> we're not -- we're on the same team here. >> yeah. >> what i'm asking is, what would make us think it's okay to listen into the phone calls of the leader of germany. >> what would make is think it's not okay. >> the law? >> is it against the law? >> i think it -- i hope it's against the law. >> how is it against the law? >> listening to -- >> it's not against -- you're talking about foreign intelligence surveillance. listening to your phone calls -- >> which we know they're doing. someone from the government lives next door. >> everytime president obama has met with angela merkel he has been briefed on the country. they get extensive briefings. is it plausible that none of the information ever gleaned from any of those phone calls was ever told to president obama? how is it possible he never -- he seems to never know anything about anything that is going on. i fine it impossible to believe,

that etheir they were willfully not giving the president information or he didn't know anything about it. when the white house says there was a review -- >> did president bush know? >> i don't know. i don't know. >> i don't know that about president obama either and i'm not going to speculate whether president bush knew or not. whether president bush knew that -- >> doesn't bother you that the president of the united states doesn't seem to know anything? were they willfully -- >> unfortunately around here what i have to deal with is factses and the facts are the report says we did and it the white house says they tried to stop it. "the wall street journal" now reports not exactly a friend of this white house, says that according to their investigation, they stopped it afterwards. i don't know where is the there there on this matter. what i learned is that we're listening on the phone calls of 35 leaders around the world and the whole world is mad. >> i don't understand the reporting from "the wall street

journal," if the president never knew anything about this, how could the white house have ordered it to stop. >> they reported they dead an investigation -- that was the answer that they "wall street journal --" i don't know. >> what does secretary of state hillary clinton know, susan rise -- >> i developments know what did know about the practice under president bush? i don't know hough that's relevant. >> doesn't it matter -- if the accusation is that it is wrong, which is don't necessarily think it is. i think foreign intelligence -- you have needles in a haystack. >> ought to not get caught. >> well, that is actually -- that's true. and whatted snowden decided to do to reveal these programs, has been enbare's though united states but that doesn't mean the president needs to cut off his options and i would be surprised if secretary clinton -- nobody had any idea that the nsa was listening in on leaders' phone calls? i find that hard to bloom.

if they've don't know, why don't they know it? >> i never thought about it. wife listening to everybody's phone calls we know what's happening so we shouldn't have to worry about anything else. >> we ask the men and women in the intelligence commitee to look for needles in a haystack and you're getting tons of information. >> i hope we're listening to assad's phone calls. >> i guarantee you that any of these countries, if they had the withall to listen in on our phone calls, they would be doing it. >> i hope we'll -- >> you seem depressed. >> i am. why wouldn't i be? the government spies on everything it legally. >> it's not illegal. >> i have known for months now they would read our e-mails anytime they want. they're taking in our phone information and use it when they want. we have a constitution here, and whether it's illegal or not, it doesn't look constitutional to jung napolitano who commented on this matter in this form. i don't know if americans want us to spy on everyone around the world and make more enemies.

i don't know. >> i don't think -- maybe they don't want to know but that's why things are kept top secret. if these countries had the ability to top into president obama's blackberry, they would do it in a second. i hope they can't, which is why we should keep our secrets close. i don't think anyone came to any harm in this, and i also think the strange thing to me is the way that the white house and staff communicate with the president. why is it he doesn't know about anything until after it happens and then they call for a review. that's weird to me. >> is that not how it worked under the bush administration? if they didn't know -- did something they didn't want the president to know about, they just gave certain information. >> when president obama comes to the east room, he gives a big speech, 6:00 p.m., live, breaking news, says, i had no idea. i was shocked. turns out they were actually investigating it and turning at the white house 12 months before they told him. how is that possible.

>> they would done -- i don't know, is that how it works any -- >> snowden -- >> is that how is works? >> not how it should work. >> is that how it worked under bush? >> i don't think so. i can think of uninstance, one was the u.s. attorney scandal, which is everyone said how is possible the president of the it's did not know that seven u.s. attorneys would be asked oo leave their job. there were hearings for months about that. and people just said, i don't know. i don't know why we didn't tell him. we didn't thicket was relevant. so ed snowden's report comes out, he'll meet with angela merckle and no one tell the president that there's some embarrassing information that will be revealed, the united states is listening in on phone calls? no one thinks about that. if your staff -- my staff doesn't listen to my phone calls and wouldn't be as interesting as angela merkel. >> and it would be illegal, but listening in on hers is not illegal.

>> i don't what is legal or illegal. it's just very weird. don't you think? >> i don't think it's that big a deal. i. don't think she is trying cool the rhetoric. >> they want it to calm down. they know the truth. they're try to do it, too. we should have hip-checked them. say, oh really? you're going going to reveal th? let's play hard ball. >> is this coming up on the fox? >> in the b block. the second one. >> about 14 minutes after the hour. i'll be watching. >> i hope you're happier then. >> happy? i'm as happy as i can be. >> you seem depressed about the spying. >> i feel we should all follow the rules. >> i don't think rules were broken. >> then that's agreement i think we should have -- >> great. cheese, please. >> no diet coke. >> english breakfast. >> whatever you want, we'll get

it for you. what are we teasing again? remember that story i told you about a minute ago with the water facility where they found human remains, we have new information and will bring it to you right after this. across america people are taking charge

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some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans. breaking news on the story we brought you a few minutes ago. human remains found a water treatment facility outside of los angeles. now i'm made aware this is the second discovery of human remains in three days in treatment facilities around the l.a. area. what does that mean? i don't know. that's the fact that's there for you. saturday morning, foot and part of a leg were discovered in a sanitation facility in carson, another area outside los angeles, and today somebody found parts of a human body in bassett, california. we have like pictures from

kctv -- video, says live but it's not -- this is new video now from there. this also says trace gallagher has more on this in los angeles. trace? >> reporter: bassett. it's actually whittier california, 15 miles east and south of downtown, the water treatment facility. i mentioned earlier, this might be for drinking. well, we now learned this as a reclaimation water plant. the you the water for irrigation, not drinking, and it is the body of a male. we do not know the age, nationality or how long the body has been in there they haven't told us how this thing was found. you talked about the second time this happened in three days. the other one was in carson where they found the foot and calf of another body. that's 23 miles away. that body, or part of the body, was discovered by a worker there. if there's a connection, nobody has told us. the police are clearly investigating both, trying to get identities of both of these remains or body found in these

water reclaimation plants. how they discovered this is unclear. you go back to february of this year, shep, another body was found in a water tower of a hotel in downtown los angeles. that was drinking water. turn out to be a canadian. who we're investigating this, soon we get more information, we'll get back to you. >> two new york city department stores are facing lawsuits after shoppers claimed the scores discriminated against them on the basis of race. customers at barney's, a very high-end department store, and macy's, say officers or in arrested or unfairly questioned them after legally making purchases. the most recent case comes from an actor -- i should say -- anyway, the actor rob brown, who is suing macy's. he says cops paraded him through the store in hasks after he bought a $13,400 watch for his

mother, even though he showed validation proving the credit card was his. macy's has statement saying, macy's personnel was not involved. this was an operation of the new york city police department. now rapper jay-z is underfire for his connection with the store after similar claims came out about the store. jay-z says he will wait to hear what happened and get the facts together before making any further steps. the crowe of bashey's says the company is reaching out to communitier leaders and bringing in a civil rights expert to preview procedures. michael is here, ceo of -- the jay-z part we're looking at. jay-z is saying, i'm waiting to hear the tacks. that's a good or bad tactic? >> he may be on the right site

of facts but as a p.r. person, we are very skeptical of what organizations say, and it shows how hard it is, that even jay-z doesn't get the best interest of the doubt on something like racial profiling. so hey has to do more than what he is doing now. >> then there's this new macy's claim which isn't about macy's. this is about nypd. >> we always tell people that it's not just about the facts. the facts won't set you free. people have to be able to put this into context, be able to understand the whole story. and right now macy's is not going to get the benefit of the doubt. so they need to be able to tell the story that people are going to believe. right now they haven't done that. >> what do you do besides get out and say our policy is we don't do this. do they need to be more forceful. >> the first thing is you have to be human. companies come out with a statement. we don't believe corporate statements anymore. we think they're b.s. so if they're going to say they care about this, they have to

come out and say, we don't tolerate this, this isn't how we operate as a business. somebody did this, there are going to be consequences and these are our steps. but hiding behind a written p.r. statement does more harm than good. >> are we in a world where you put occupy a series of clip ops youtube, beginning with, i'm not sure what happened here, but here's where we are and if this happened, there's hell to be paid. >> absolutely. you have to good out and say, this is not acceptable. create videos, create content that shows how things operates. get other people from inside the organization to testify on your behalf. but don't take half measures because half measures prolong the story, make your look worse, let other people fill in the gaps, and companies have to be really pro-active in this environment. >> what doesn't make sense is that you would not want somebody's money, for any reason, if you're barney's, the simplest message to convey if i were in charge -- i want you money no matter who you are,

what color you, are no what you smell like, bring me you money. >> and to train the staff, doesn't matter how people look. they dress different bays have money. you have to be con conscious of that in training but you have to say, customers are the life blood of business and if people don't trust us, they're not coming back. this is not in the best interests of our company to treat people this way and we didn't do it. >> nice to meet you, thank you. we take a lot of things for grandded, right? living here. the right to drive a car being one of them. but in one country, half of the adults in the nation are not permitted to drive because that half is female. and now, some women getting behind the wheel to protest. saudi araina, -- saudi arabia, welcome to the 20th century?

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if you're a woman in saudi arabia you cannot drive. over the weekend, they arrested 14 women for driving. and now there are youtube videos jonathan hunt has the story. >> reporter: this is amazing. women in saudi arabia taking a lot of risks. they're threatened with jail, have been fired for government jobs, all for the crime, not of dwi, but dwf, driving while female. a bunch of them took to the streets on saturday, posted videos to youtube. we also spoke to one of the women who told us, whenever she goes out to drive she actually disguises herself to avoid being arrested. listen. >> i drive but not in a girl's look. i look like a boy, and i dress

like a boy, with a boy's haircut so they don't call me as a girl and make me go to jail or whatever. they are allows kids who are underage to drive, and women no; they don't allow women to drive but allow underage to drive. that's why i go out as a boy so they don't talk to me or anything. >> hardline clerics say it's a conspiracy to undermine islam. some in saudi arabia 'are in favor out. one wrote this song. ♪ no woman, no drive. ♪ remember when you used to sit. ♪ in the family car. ♪ in the back seat >> that video has got more than three million views. women say they will continue to

drive until they are literally in the driving seat in saudi arabia. >> unbelievable. thank you. we'll be right back. hang on.

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on this day in 1919, the volstad act was taken into law, and first allowed the feds to enforce prohibition. he push to ban alcohol started back in the previous century. temp answer groups brewed up healthy support on the state level and rallying on a national scale. then number 1917 congress passed the 18th amendment prohibiting the manufacture, sale, or transportation of booze for drinking purposes. individual states ratified it. america did not go completely dry. folks found ways to keep the hard stuff flowing, and organized crime ran rampant across the country. more than a decade would pass before congress would repeal that law, but it was hands off

the hooch. 94 years ago. today. and that's "shepard smith reporting" on a monday afternoon. see you whenever breaking news changes everything. now you see her, now you don't. the obama administration taking down the smiley face lady and replacing her with this. but maybe it's time they replace her with this. ♪ >> welcome everybody, happy or not so happy monday. i'm neil cavuto and this is your world. now there's talk of rebilling the whole darn thing. >> i know they called in another private entity to try to help with the security of it. the problem is, they may have to redesign the entire system. the way the system is designed